chapter 51 manual of requirements for resource family parents

CHAPTER 51

MANUAL OF REQUIREMENTS FOR RESOURCE FAMILY PARENTS

STATE OF NEW JERSEY

DEPARTMENT OF CHILDREN AND FAMILIES

EFFECTIVE JULY 5, 2019 OPERATIVE AUGUST 19, 2019

EXPIRES JULY 13, 2026

DEPARTMENT OF CHILDREN AND FAMILIES

OFFICE OF LICENSING

PO BOX 717

TRENTON, NEW JERSEY 08625-0717

Toll-Free Telephone 877-667-9845

North Office (Bergen, Essex, Hudson, Morris, Passaic, Sussex, Union)

Toll-Free Telephone 866-401-2578

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MANUAL OF REQUIREMENTS

FOR RESOURCE FAMILY PARENTS

Table of Contents

SUBCHAPTER 1. GENERAL PROVISIONS 1

3A:51-1.1 Authorization to be a resource family parent ............................... 1

3A:51-1.2 Scope ................................................................................................. 1

3A:51-1.3 Definitions ........................................................................................ 3

3A:51-1.4 Compliance with level I and level II requirements....................... 9

3A:51-1.5 Nondiscrimination ......................................................................... 10

SUBCHAPTER 2. LICENSING PROCEDURES 11

3A:51-2.1 Application for a license................................................................ 11

3A:51-2.2 Issuance of a license ....................................................................... 15

3A:51-2.3 Annual inspection .......................................................................... 20

3A:51-2.4 Renewal of a license ....................................................................... 20

3A:51-2.5 Denying, suspending, revoking or refusing to renew a license .. 22

3A:51-2.6 Administrative hearing ................................................................. 25

3A:51-2.7 Complaints ..................................................................................... 26

SUBCHAPTER 3. ADMINISTRATION 29

3A:51-3.1 Rights of children in placement ................................................... 29

3A:51-3.2 Records kept by a resource family parent .................................. 30

3A:51-3.3 Confidentiality of records ............................................................. 32

3A:51-3.4 Reporting requirements ................................................................ 33

SUBCHAPTER 4. PHYSICAL FACILITY REQUIREMENTS 37

3A:51-4.1 Physical facility and maintenance requirements ........................ 37

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3A:51-4.2 Bedroom requirements ................................................................. 44

3A:51-4.3 Sharing a bedroom ........................................................................ 45

3A:51-4.4 Emergency evacuation, medical emergencies, and fire

prevention ............................................................................................................ 45

3A:51-4.5 Capacity .......................................................................................... 47

SUBCHAPTER 5. PERSONAL REQUIREMENTS 50

3A:51-5.1 General personal requirements .................................................... 50

3A:51-5.2 References ...................................................................................... 53

3A:51-5.3 Home Study .................................................................................... 58

3A:51-5.4 Criminal History Record Information background checks ...... 59

3A:51-5.5 Child Abuse Record Information background checks .............. 65

3A:51-5.6 Training .......................................................................................... 68

SUBCHAPTER 6. RESOURCE FAMILY HOME PROGRAM

REQUIREMENTS 70

3A:51-6.1 Supervision of children in placement .......................................... 70

3A:51-6.2 Visitation and communication ..................................................... 71

3A:51-6.3 Education ....................................................................................... 75

3A:51-6.4 Recreation ...................................................................................... 77

3A:51-6.5 Religion ........................................................................................... 77

3A:51-6.6 Food and nutrition......................................................................... 78

3A:51-6.7 Pets .................................................................................................. 80

3A:51-6.8 Discipline and control ................................................................... 81

3A:51-6.9 Firearms and weapons .................................................................. 84

3A:51-6.10 Clothing ......................................................................................... 84

SUBCHAPTER 7. HEALTH REQUIREMENTS 86

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3A:51-7.1 Health care and medical treatment .............................................. 86

3A:51-7.2 General health practices ............................................................... 88

3A:51-7.3 Prescription and non-prescription medication ........................... 89

3A:51-7.4 Psychotropic medication ............................................................... 91

3A:51-7.5 Personal care and hygiene ............................................................ 94

3A:51-7.6 Environmental sanitation and hygiene ........................................ 95

SUBCHAPTER 8. TRANSPORTATION REQUIREMENTS 98

3A:51-8.1 Transportation and vehicle safety requirements ........................ 98

INDEX 99

3A:51-1.1 Authorization to be a resource family parent

1

CHAPTER 51

MANUAL OF REQUIREMENTS

FOR RESOURCE FAMILY PARENTS

Effective Date: July 5, 2019 Operative Date: August 5, 2019 Expiration Date: July 5, 2026

SUBCHAPTER 1. GENERAL PROVISIONS

3A:51-1.1 Authorization to be a resource family parent

(a) A person shall not provide resource family care to a child

in placement unless the person is licensed by the Office of Licensing.

(b) In order to be licensed, a person shall demonstrate to the

satisfaction of the Department of Children and Families that he or she

complies with all applicable provisions of this chapter. The

provisions of this chapter constitute minimum baseline requirements

below which no home that is subject to the authority of N.J.S.A.

30:4C-27.3 et seq., and 30:4C-4 is legally permitted to operate.

3A:51-1.2 Scope

(a) A resource family parent who is subject to the provisions of this

chapter shall include any person with whom a child in the care, custody or

3A:51-1.2 Scope

2

guardianship of the Department is placed for resource family care, and any

person with whom a child is placed by the Division for the purpose of

adoption until said adoption is finalized.

(b) The resource family parent shall secure approval from the

Department to provide one or more of the following services:

1. Regular foster care, in which care is provided for a

child in need of temporary out-of-home placement for protective or

other social services reasons;

2. Kinship care, in which the resource family parent is

not a parent of the child in placement but is related to the child

through blood, marriage, civil union, domestic partnership, or

adoption or is connected to the child or the child’s parent by an

established positive psychological or emotional relationship; and

3. Adoptive care, in which care is provided for a child

placed by the Division for the purpose of adoption by the resource

family parent until said adoption is finalized.

(c) The provisions of this chapter shall not apply to a person

who:

1. Operates a home that is licensed, approved, or

regulated pursuant to State law exclusively by the State Department

3A:51-1.3 Definitions

3

of Health, the State Department of Education, the State Department of

Corrections, or any other New Jersey State agency;

2. Provides care exclusively for children under the

auspices of the Division of Children’s System of Care in the

Department or the Division of Mental Health and Addiction Services

of the Department of Human Services; or

3. Operates a children’s group home, treatment home,

teaching family home, alternative care home, supervised transitional

living home, or shelter home that provides room, board, care, shelter,

or treatment services for children on a 24-hour-a-day basis.


(a) The definitions in N.J.A.C. 3A:14 are hereby incorporated

into this chapter by reference.

(b) The following words and terms, when used in this chapter,

shall have the following meanings, unless the context clearly

indicates otherwise:

“Case plan” means a written statement of the Division’s

intervention on behalf of a child, which includes identification of the

problems which necessitate Division involvement with the family, the

services or actions needed, who will accomplish or provide them, and


4

the planned time frame for providing each service.

“Child in placement” means a child under the auspices of the

Department who is placed in a resource family home because he or

she cannot live with his or her own family due to neglect, abuse, or

other circumstances, or who is placed for the purpose of adoption,

and who is either under 18 years of age or who meets the criteria set

forth in N.J.S.A. 9:17B-2(f).

“Civil union” means the legally recognized union of two

eligible individuals of the same sex, established pursuant to P.L. 2006

c. 103, N.J.S.A. 37:1-28 et seq. Parties to a civil union shall receive

the same benefits and protections and be subject to the same

responsibilities as spouses in a marriage.

“Corporal punishment” means any type of physical

punishment.

“Denial of a license” means the withholding by the Office of

Licensing of an initial license for which the resource family parent

applicant has applied.

“Department” means the New Jersey Department of Children

and Families.

“Division” means the Division of Child Protection and


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Permanency, New Jersey Department of Children and Families,

except for the Office of Licensing.

“Domestic partnership” means a partnership established

pursuant to N.J.S.A. 26:8A-4b and 4.1.

“Household member” means a person residing in the resource

family home other than a resource family parent, resource family

parent applicant or child in placement. Household members shall

also include boarders and frequent overnight guests 18 years of age or

older in the resource family home.

“Kinship care” means care provided by a resource family

parent or applicant who is:

1. Related to a child in placement through blood,

marriage, civil union, domestic partnership, or adoption, and is not

the child’s parent; or

2. Connected to a child in placement or to the child’s

parent by an established positive psychological or emotional

relationship.

“Level I requirement” means a licensing requirement, as set

forth in this chapter, with which a resource family parent or resource

family parent applicant must be in full compliance to receive or


6

maintain a license. Level I requirements impact the safety, health,

and rights of children in placement.

“Level II requirement” means a licensing requirement, as set

forth in this chapter, other than a level I requirement, with which a

resource family parent or resource family parent applicant must be in

substantial compliance to receive or maintain a license. All

requirements other than level I requirements are level II requirements.

“License” means a document issued by the Office of Licensing

to a person at an approved location who complies with the applicable

provisions of this chapter.

“Office of Licensing” or “Office” means the Office of

Licensing in the New Jersey Department of Children and Families.

“Parent” means a birth parent, stepparent, adoptive parent,

legal guardian, or any other person having legal custody of a child.

“Psychotropic medication” means those substances which exert

a direct effect upon the central nervous system and which are utilized

as a part of a treatment plan to influence and modify behavior in a

positive manner.

“Reasonable and prudent parent standard” means as defined in

42 U.S.C. § 675(a)(10)(A).


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“Refusal to renew a license” means a determination by the

Office of Licensing not to issue a license to a resource family parent

after his or her existing license has expired.

“Resource family” means all persons living with a resource

family parent or applicant.

"Resource family home" or "home" means a private residence,

located in New Jersey, other than a children's group home, treatment

home, teaching family home, alternative care home or shelter home,

in which board, lodging, care and temporary out-of-home placement

services are provided by a resource family parent on a 24-hour basis

to a child under the auspices of the Division, including a child placed

by the Division for the purpose of adoption until the adoption is

finalized.

"Resource family parent" means a person who is licensed by

the Office of Licensing to provide resource family care, including a

person who is licensed to have a child or children placed with him or

her for the purpose of adoption.

“Resource family parent applicant” or “applicant” means a

person who has applied for a resource family parent license.

“Restrictive behavior management” means the use of physical

or mechanical restraint, or exclusion of a child from normal


8

interactions with others, to control or modify the child’s behavior.

Restrictive behavior management shall not include briefly intervening

without undue force in order to calm a child, or holding a child’s

hand to safely escort the child from one area to another, nor shall it

include any situation where a physician has prescribed the use of

protective medical equipment that confines the child’s movement.

“Revocation of a license” means a permanent removal of a

resource family parent’s license to operate a resource family home.

“Substantial compliance” means compliance by a resource

family parent or applicant who does not meet all applicable

requirements of the law and of this chapter, when there is no serious

or imminent hazard to the health, safety, well-being, or rights of the

children served, and the resource family parent or applicant is in full

compliance with level I requirements.

“Suspension of a license” means a temporary removal of a

resource family parent’s license to operate a resource family home.

“Temporary caregiver” means a person who provides

supervision to a child in placement on behalf of the resource family

parent for more than three consecutive days.

“Worker” means a representative of the Division having

supervision of a child in placement.

3A:51-1.4 Compliance with level I and level II requirements

9

3A:51-1.4 Compliance with level I and level II requirements

(a) In order to receive and maintain an initial or renewal

license, the resource family parent or applicant shall be:

1. In full compliance with all applicable level I

requirements; and

2. In full or substantial compliance with all applicable

level II requirements.

(b) If the resource family parent or resource family parent

applicant is found by the Office of Licensing to be in violation of one

or more level I requirements, the resource family parent or applicant

shall abate the violations within 30 days or sooner if specified in the

violation notice.

(c) If the resource family parent is found by the Office of

Licensing to be in violation of one or more level II requirements, the

resource family parent shall abate the violations by the date specified

in the violation notice. If the violations are not abated by the next

annual or renewal inspection, the Office of Licensing may cite a level

I violation for the noncompliance.

3A:51-1.5 Nondiscrimination

10

3A:51-1.5 Nondiscrimination

The Department shall not discriminate with regard to the

application or licensure of a resource family parent on the basis of

race; color; ethnicity; national origin; age; disability; gender; religion;

affectional or sexual orientation, as defined at N.J.S.A. 10:5-5hh;

gender identity or expression, as defined at N.J.S.A. 10:5-5rr; parental

status; birth status; or marital, civil union, or domestic partnership

status.

3A:51-2.1 Application for a license

11

SUBCHAPTER 2. LICENSING PROCEDURES


(a) An applicant for an initial license shall submit a completed

application to the Department.

(b) An applicant for an initial license shall be:

1. At least 18 years of age; and

2. A resident of the State of New Jersey.

(c) If there is more than one resource family parent applicant

in the household, the applicants shall submit a single application for a

single license.

1. Each applicant shall meet all requirements for

licensure.

2. When a couple lives together, both partners shall be

considered to be resource family parents who shall meet the

requirements contained in this chapter.

3. The requirement in (c)2 above for both applicants to

meet the licensing requirements may be waived if a physician certifies

that one of the applicants is incapable of being a caregiver due to a


12

medical condition which does not place any child in placement at

possible risk of harm.

(d) The applicant shall cooperate with the Department in the

completion of all components of the application and home study

process within the time limits established by the Department. The

components of the application and home study process for an initial

license shall include:

1. Inspection of the resource family home and

surrounding area by the Office of Licensing or Division

representative;

2. Interviews with each resource family parent, child and

other household member;

3. Completion of a home study by the Division, as

specified in N.J.A.C. 3A:51-5.3;

4. Completion of pre-service training, as specified in

N.J.A.C. 3A:51-5.6; and

5. Completion and submission by the applicant of the

following:

i. A Resource Family Parent Home


13

Study/Licensing Application;

ii. Consent for release of information;

iii. Medical, personal, employment, school/day

care, and child care references, as specified in N.J.A.C. 3A:51-5.2;

iv. Information necessary for a State and Federal

Criminal History Record Information background check pursuant to

N.J.S.A. 30:4C-26.8 for each applicant and household member 18

years of age or older, each new adult household member and each

household member who reaches 18 years of age, as specified in

N.J.A.C. 3A:51-5.4;

v. Information necessary for a Child Abuse

Record Information background check for each applicant and

household member 18 years of age or older, each new adult

household member and each household member who reaches 18 years

of age, as specified in N.J.A.C. 3A:51-5.5;

vi. Disclosure of any convictions for crimes or

disorderly persons offenses for each applicant and each household

member 14 years of age or older;

vii. A Resource Family Parent Agreement, which

includes the applicant’s agreement to attend to the child’s health and

dental care and to provide services as reflected in the Agreement and


14

as appropriate to each child placed in the home;

viii. An agreement not to use unacceptable

methods of discipline, including corporal punishment, hitting and

shaking, abusive language, ridicule, humiliation, other forms of

degradation, deprivation of meals or sleep, forcing a child to do

strenuous physical work or exercise, denying the child

communication or mail, removing or threatening to remove the child

from the home, denying or threatening to deny family visits, or

denying the child access to needed treatment services or medication;

ix. An agreement not to use illegal substances;

abuse alcohol, legal prescription, or nonprescription drugs to excess

or contrary to instructions; not to allow anyone to smoke in the

presence of the child in placement; and to adhere to the reasonable

and prudent parent standards; and

x. A statement of financial resources.

(e) An applicant seeking to provide kinship care, as specified

in N.J.A.C. 3A:51-1.2(b)2, may be approved by the Division to care

for a child prior to the issuance of a license, provided that all of the

following conditions are met:

1. A life/safety inspection of the home by the Division

3A:51-2.2 Issuance of a license

15

reveals no health, safety, or fire hazards in the physical facility of the

home and the premises where the home is located;

2. A check of the Division’s records of child abuse and

neglect reveals that no adult residing in the home has been

responsible for an incident of sexual abuse of a child or an incident of

child abuse or neglect that caused serious injury or harm to a child, or

has caused death to a child through abuse or neglect, or has put a

child at risk of serious injury or harm;

3. A check of court records reveals that no person

residing in the home has been convicted of a crime specified in

N.J.S.A. 30:4C-26.8; and

4. The applicant submits a Resource Family Parent

Home Study/Licensing Application within five days following the

placement of a child in the home. The Division shall begin the home

study immediately after approving the application. If the application

is denied, the Division shall identify an appropriate alternative

placement for the child.


(a) The Office of Licensing shall issue a license to an applicant

who has achieved full compliance with all applicable level I

requirements and substantial or full compliance with all applicable


16

level II requirements.

(b) The Office of Licensing may grant a waiver of a level II

requirement for a resource family parent or applicant providing

kinship care, as specified in N.J.A.C. 3A:51-1.2(b)2.

1. Requests for waivers shall be made to the Office of

Licensing in writing by the Division representative, with supporting

information justifying the request.

2. Waivers shall be considered on a case-by-case basis,

only for non-safety standards for a specific child or children in

placement. For the purpose of determining whether a waiver will be

granted, level II requirements shall be considered non-safety

standards.

3. A waiver may be granted at the discretion of the

Office of Licensing upon consideration of the following criteria:

i. The type or degree of hardship that would result

to the resource family parent or applicant if the waiver were not

granted;

ii. The negative impact on a specific child or

children in placement if the waiver were not granted; and


17

iii. Whether the waiver, if granted, would

adversely affect the health, safety, well-being, or rights of any child

residing in the resource family home.

4. The Office of Licensing shall determine the terms

and conditions for granting each specific waiver.

5. If a waiver is granted, the resource family parent or

applicant shall comply with the terms and conditions of the waiver.

(c) The Office of Licensing shall notify the applicant and the

appropriate Division office of the decision on licensure.

(d) The Office of Licensing shall notify the appropriate

Division office of the decision on waivers, if applicable.

(e) If the Office of Licensing determines that the applicant is in

full compliance with all applicable level I requirements and in

substantial compliance with, but does not meet all applicable level II

requirements, and there is no serious or imminent hazard to the rights,

education, health, safety, well-being or treatment needs of a child

who is or may be placed in the home, the Office shall issue a license

to the applicant and indicate in writing the steps the applicant must

take to correct the areas not in compliance.


18

(f) Upon receiving a license, each resource family parent shall

sign an agreement concerning his or her role and responsibilities and

containing assurances that each resource family parent will adhere to

the corporal punishment, alcohol and drug use, smoking, and

reasonable and prudent parent standards contained in this chapter.

(g) If a license cannot be issued because there is a serious or

imminent hazard to the rights, education, health, safety, well-being, or

treatment needs of a child who is or may be placed in the home, the

Office of Licensing shall provide written notification to the applicant

indicating the steps, if any, the applicant must take to secure a license.

(h) The license shall apply to the resource family parent at the

home in which the resource family resides at the time of the

application.

1. No more than one license shall be issued to a single

residence.

2. The license shall be issued to one or more specific

persons for a specific residence.

3. The license shall not be transferable, except as

specified in (i) below.


19

(i) If the resource family changes residence, the Office of

Licensing representative shall inspect the new residence to determine

whether it is in compliance with the applicable provisions of this

chapter, including the provisions of N.J.A.C. 3A:51-2.1(d) for

cooperating with the Division in amending the home study. The

resource family parent shall provide notice of a change of residence at

least 30 days in advance of the move.

(j) Each licensing period shall be three years.

1. In determining the expiration date of the license, the

Office of Licensing shall compute the three-year licensing period

from the date of issuance of the first license.

2. In determining the expiration date of a renewed

license, the Office of Licensing shall compute the three-year licensing

period from the date on which the previous license expired. If,

however, the home has ceased to operate for a period of one year or

more following the expiration date of its previous license, the Office

shall compute the date of the expiration from the date of issuance of a

new license.

(k) The resource family parent shall maintain the license on file

at the home.

3A:51-2.3 Annual inspection

20

(l) The resource family parent or applicant shall not make

claims either in advertising or in any written or verbal announcement

or presentation contrary to the licensing status of the resource family

parent or applicant.

3A:51-2.3 Annual inspection

(a) The resource family parent shall permit and ensure

participation in:

1. An annual inspection of the resource family home by

the Division or Office of Licensing representative to determine

whether the resource family home complies with the applicable

provisions of this chapter; and

2. An annual interview with each resource family parent,

child in placement, and household member by the Division or Office

of Licensing representative.

3A:51-2.4 Renewal of a license

(a) A resource family parent seeking renewal of a license shall

submit a completed Resource Family Parent Home Study/Licensing

Application form to the Office of Licensing at least 60 calendar days

prior to the expiration of the existing license.

3A:51-2.4 Renewal of a license

21

(b) The Office of Licensing shall issue a renewal license to a

resource family parent who has submitted a renewal application and

participated in a renewal inspection of the resource family home.

(c) For license renewal, the resource family parent shall:

1. Permit and participate in an inspection by the Office

of Licensing, as specified in N.J.A.C. 3A:51-2.3;

2. Ensure that he or she and each household member

have obtained a physical examination within the last 12 months and

submit each medical reference for each resource family parent and

household member prior to license renewal;

3. Submit information necessary for a State Criminal

History Record Information background check pursuant to N.J.S.A.

30:4C-26.8 for each resource family parent and household member 18

years of age or older, each new adult household member, and each

household member who reaches 18 years of age, as specified in

N.J.A.C. 3A:51-5.4(a)1 and 2;

4. Submit information necessary for a Child Abuse

Record Information background check for each resource family

parent and household member 18 years of age or older, each new

adult household member and each household member who reaches 18

years of age, as specified in N.J.A.C. 3A:51-5.5; and

3A:51-2.5 Denying, suspending, revoking, or refusing to renew a license

22

5. Submit an updated financial disclosure statement.

3A:51-2.5 Denying, suspending, revoking, or refusing to

renew a license

(a) The Office of Licensing shall deny an application or

suspend, revoke, or refuse to renew a license, as applicable, if the

applicant, resource family parent or any household member at least 18

years of age has been convicted of a crime or offense specified in

N.J.S.A. 30:4C-26.8.

(b) The Office of Licensing is authorized to deny an

application or suspend, revoke, or refuse to renew a license for good

cause, including, but not limited to, the following:

1. Failure to comply with the provisions of this chapter;

2. Violation of the terms and conditions of a license;

3. Fraud or misrepresentation in obtaining a license;

4. Refusal to furnish the Department with files, reports

or records as required by this chapter;

5. Refusal to permit an authorized representative of the


23

Department to gain admission to the home or to conduct an inspection

or investigation;

6. A conviction by the applicant, resource family parent

or a household member at least 18 years of age for any crime or

offense;

7. A determination by the Department that a report of

child abuse or neglect by the applicant, resource family parent or a

household member has been substantiated;

8. Any conduct, engaged in or permitted, which

adversely affects or presents a serious hazard to the education, health,

safety, general well-being, or physical, emotional, and social

development of a child, or which otherwise fails to comply with the

standards required for the provision of resource family care to a child

and the maintenance of a resource family home;

9. Failure to be in full compliance with one or more

level I requirements;

10. Failure to be in substantial compliance with one or

more level II requirements;

11. Failure to abate outstanding violations of level II

requirements by the next annual or renewal inspection, whichever

comes first; or


24

12. Failure to comply with the terms and conditions of a

waiver granted by the Office of Licensing.

(c) If a resource family parent or applicant fails to comply with

the applicable provisions of this chapter, the Office of Licensing shall

issue a directive ordering compliance.

(d) Before the decision to deny an application or suspend,

revoke, or refuse to renew a license becomes effective, the resource

family parent or applicant shall have the opportunity to request a

hearing to contest the action, as specified in N.J.A.C. 3A:51-2.6(a).

(e) A previous denial of an application or suspension,

revocation or refusal to renew a license shall not in itself result in an

automatic disqualification of the resource family parent or applicant

to secure a license, but shall constitute grounds for the Department to

investigate the circumstances that led to the original negative action

and to make a determination as to whether to reject or process the

new application for a license.

(f) If the Office of Licensing denies an application, or revokes

or refuses to renew a license, as specified in (a) and (b) above, the

former resource family parent or applicant shall be prohibited from

reapplying for a license for one year from the date of the denial,

revocation, or refusal to renew the license. After the one-year period

3A:51-2.6 Administrative hearing

25

has elapsed, the former resource family parent or applicant may

submit to the Department a new application for a license, if he or she

believes that the condition that led the Office to deny the application

or revoke or refuse to renew the license is no longer applicable.

(g) If a license is suspended, the Office of Licensing shall

issue or reinstate the license once the resource family parent

demonstrates that he or she has achieved compliance with the

applicable provisions of this chapter. In such a case, the Office shall

not require the resource family parent to submit a new application for

a license unless reapplication is expressly made a condition of the

issuance or reinstatement of the license.

(h) Each license issued by the Office of Licensing to a

resource family parent remains the property of the State of New

Jersey. If the Office of Licensing suspends or revokes a license, the

resource family parent shall return the license to the Office of

Licensing immediately.

3A:51-2.6 Administrative hearings

(a) Before denying, suspending, revoking, or refusing to renew

a license, the Office of Licensing shall give written notice to the

resource family parent or applicant personally, or by mail to the last

known address of the resource family parent or applicant with return

receipt requested. The notice shall:

3A:51-2.7 Complaints

26

1. State the reason for the action; and

2. Afford the resource family parent or applicant the

opportunity to request a hearing to contest the action, pursuant to the

Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the

Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) As long as the Department determines that children are not

at risk and that no imminent hazard exists, the Office of Licensing

may permit a resource family parent whose license has been

suspended, revoked, or refused for renewal, and who has requested a

hearing, as specified in (a) above, to continue to operate the resource

family home until a final decision is rendered as a result of the

hearing.


(a) Whenever the Office of Licensing receives a report

questioning the licensing status or compliance of a resource family

parent or applicant or alleging a violation of the requirements

specified in this chapter, the Office of Licensing shall ensure that the

allegation is promptly investigated to determine whether the

complaint is confirmed.

(b) Upon completion of the complaint investigation, the

Department shall notify the resource family parent or applicant and


27

the Division office that has supervision of the resource family home

in writing of the results of the investigation, with the exception of any

information not permitted to be disclosed pursuant to N.J.S.A. 9:6-

8.10a or any other State or Federal law.

(c) Whenever the Department conducts a complaint

investigation, the resource family parent or applicant shall cooperate

with all Department investigators.

(d) The Department, during the course of investigating a report

of child abuse and neglect, may determine that immediate corrective

action is necessary to protect a child whenever:

1. A resource family parent, applicant or household

member has been found by the Department to have harmed or to pose

a risk of harm to a child;


member has committed an act of child abuse or neglect, as

substantiated by the Department; or


member has been convicted of such acts.

(e) When the Department makes a determination that

immediate remedial action or long-term corrective action is


28

necessary, the action may include temporary or permanent closure of

the resource family home.

(f) Substantiation by the Department of a child abuse or

neglect report shall not in itself automatically result in the denial,

suspension, or revocation of or refusal to renew a license, but shall

constitute grounds for such action at the discretion of the Office of

Licensing after considering information provided by the Department.

The Office of Licensing may issue or continue the license if the

resource family parent’s or applicant’s continued service poses no

continuing risk of harm to any child residing in the home and the

issuance or continuation of the license is in the best interests of a

specific child who is or will be placed in the home.

3A:51-3.1 Rights of children in placement

29

SUBCHAPTER 3. ADMINISTRATION

3A:51-3.1 Rights of children in placement

(a) Level I children’s rights requirements are as follows:

1. The resource family parent shall ensure that each

child in placement is accorded the rights specified in the Child

Placement Bill of Rights Act, as specified in N.J.S.A. 9:6B-1 et

seq.

2. The resource family parent shall ensure the rights

of each child in placement to:

i. Receive medical treatment as needed on a

routine or emergency basis;

ii. Have access to an appropriate education;

iii. Live in a safe, clean, and healthy home;

iv. Be free of physical and sexual harassment

and abuse, corporal punishment, or threat thereof;

v. Be free of emotional maltreatment;

3A:51-3.2 Records kept by a resource family parent

30

vi. Attend religious services chosen by the

child’s parent;

vii. Participate as a family member in the

home;

viii. Have unimpeded communication with the

Department office having supervision of the child, and with the

child’s law guardian or law guardian investigator; and

ix. Have a normal life pursuant to N.J.S.A.

30:4C-26c.


(a) The resource family parent shall maintain on file in the

home the following information about each child in placement:

1. The child’s full name, nicknames, if any, gender, date

of birth, religion, and race;

2. The name, address, and telephone number of the

Division worker and supervisor;

3. The name, address, and telephone number of the


31

worker or other person to be notified in an emergency involving a

child in placement;

4. A Medicaid, health insurance or managed health care

identification card, if applicable; and

5. A medication log if the child receives psychotropic

medication, as specified in N.J.A.C. 3A:51-7.4(b).

(b) In addition to (a) above, the resource family parent, in

conjunction with the worker, shall maintain on file in the home the

following information about each child in placement when

appropriate and applicable:

1. Schools attended and grade level; and

2. The child’s medical history, including documentation

of initial and annual physical examinations, chronic conditions, past

serious illnesses, allergies, medications, immunizations, and special

dietary needs.

(c) The resource family parent shall maintain on file the

following records:

1. A copy of the resource family parent’s vehicle

insurance policy, if applicable;

3A:51-3.3 Confidentiality of records

32

2. A copy of the Manual of Requirements for Resource

Family Parents, N.J.A.C. 3A:51; and

3. The telephone number for the Department’s State

Central Registry for reporting allegations of child abuse or neglect,

currently 1-877-NJ-ABUSE (877-652-2873).

(d) The Department may, without prior notice, inspect and

examine a resource family home and inspect all documents, records,

files, or other data required to be maintained by a resource family

parent pursuant to the Resource Family Parent Licensing Act,

N.J.S.A. 30:4C-27.3 et seq.

3A:51-3.3 Confidentiality of records

(a) Each resource family parent file maintained by the

Department of Children and Families shall be confidential to protect

the safety and welfare of the children and resource family parents and

shall not be part of the public record, in keeping with the Open Public

Records Act, P.L. 2001, c. 404, and other applicable statutes and

rules. The Department may issue statistical reports depicting resource

family home licensing activity that are part of the public record, but

such reports shall not contain any identifying information on any

individual child or resource family home.

3A:51-3.4 Reporting requirements

33

(b) The resource family parent shall be bound by the same

standards of confidentiality regarding a child in placement, and the

child’s family, as the Department and its employees. These standards

shall include, but are not limited to, the following:

1. The resource family parent shall not permit a child in

placement to appear in any media publication or report without the

express consent of the parent or Department representative.

2. The resource family parent or household member

shall not discuss any confidential information about the child in

placement with a friend, neighbor, non-household member or other

individual who is not involved with the child’s care, education or

treatment.


(a) The resource family parent shall immediately verbally

notify the State Central Registry whenever there is reasonable cause

to believe that a child has been or is being abused or neglected, as

required by N.J.S.A. 9:6-8.9, 8.10, 8.13 and 8.14. Copies of the law

and information about it are available upon request from the

Department’s Office of Communications and Public Affairs, PO Box

729, Trenton, NJ 08625-0729.


34

(b) The resource family parent, or designee if the resource

family parent is incapacitated, shall immediately verbally notify the

Office of Licensing of the following changes or events after the

resource family parent or designee learns of their occurrence, and

shall immediately notify the State Central Registry if such changes or

events occur after office hours:

1. Injury, accident or illness that results in the

admittance of a resource family parent or household member to a

hospital;

2. The death of a resource family parent or household

member;

3. Any current arrests, criminal convictions or guilty

pleas of a resource family parent or household member;

4. Any household member added to the resource family;

and

5. Any traumatic event that disrupts the stability of the

home.

(c) The resource family parent shall immediately notify the

Department office having supervision of the child, or the State


35

Central Registry if after office hours, of the following:

1. Injury, accident, or illness of a child in placement;

2. The death of a child in placement;

3. A child in placement who has run away or is missing

from the home;

4. Temporary or permanent closing of a home; and

5. Any unusual incidents that occurred that might

indicate possible abuse or neglect involving a child in placement.

Such incidents include but are not limited to: acts of aggression,

violent or destructive behavior, suicidal threats or behavior,

homicidal threats, inappropriate sexual behavior, running away,

withdrawal or passivity, drug or alcohol abuse, or significant changes

in the child’s behavior or habits.

(d) The resource family parent shall notify the Office of

Licensing by telephone of the following changes or events by the next

working day:

1. Significant damage to the premises of the home

caused by fire, accident, or the weather; and

2. Proposed use of space, such as a bedroom, not


36

previously approved by the Office of Licensing for a child in

placement.

(e) The resource family parent shall notify the Office of

Licensing at least 30 days in advance of relocation to a home not

approved by the Office, as specified in N.J.A.C. 3A:51-2.2(i).

3A:51-4.1 Physical facility and maintenance requirements

37

SUBCHAPTER 4. PHYSICAL FACILITY REQUIREMENTS


(a) Level I physical facility requirements are as follows:

1. In order to receive and maintain an initial or

renewal license, the resource family home shall be in compliance

with all applicable local and State laws, including the New Jersey

Uniform Construction Code, as specified in N.J.A.C. 5:23, and the

New Jersey Uniform Fire Code, as specified in N.J.A.C. 5:70, with

respect to occupancy of a dwelling, health and fire safety

provisions.

2. A telephone shall be in service in the home at all

times when a child in placement is present.

3. Cameras, recording devices, or monitoring

devices, including a home security system focusing on points of

egress to the outside, may be installed.

4. Cameras, recording devices, and monitoring

devices shall not be installed in or monitor bathrooms.

5. Cameras, recording devices, and monitoring

devices shall not be used in a bedroom used by a child in


38

placement who is over four years of age. The device shall not

impose on the privacy of any child in placement.

6. The resource family parent shall reveal any use of

monitoring or recording devices to each child in placement prior

to their use.

(b) Level I maintenance requirements are as follows:

1. Major plumbing, drains, sewer lines and septic

systems shall be operable and in good repair.

2. At least one toilet, one wash basin, and one bathtub

or shower shall be provided in the home and shall be in good

working order.

3. Each egress door shall be readily opened from the

side from which egress is to be made without a key, special

knowledge, or special effort.

4. Major appliances shall be plugged directly into

electrical outlets. Small appliances may be operated by using an

appropriately rated power strip. Extension cords shall not be

used to connect appliances to electrical outlets.

5. Rodent or insect infestation shall be controlled if

present.


39

6. All corrosive agents, insecticides, bleaches,

polishes, products under pressure in an aerosol can, and toxic

substances shall be labeled and stored in an area inaccessible to

children who are under 10 years of age or whose assessment

indicates the need for such protection.

7. Alcoholic beverages shall be stored in an area

inaccessible to children as necessary to ensure the safety of a

specific child or children in placement.

8. If the home serves one or more infants or toddlers,

the resource family parent or applicant shall ensure the

installation of:

i. Safety latches on cabinets and closets

containing hazardous or toxic substances;

ii. Safety gates on stairways and landings; and

iii. Protective safety covers on all electrical

outlets accessible to children.

9. The resource family parent or applicant shall not

use spray coatings containing asbestos on any interior or exterior

surfaces of the home or on any equipment used therein,


40

in accordance with rules of the State Department of

Environmental Protection, as specified in N.J.A.C. 5:23-8. If the

New Jersey Department of Health determines the presence of

sprayed-on asbestos-containing materials and concludes that

corrective action must be taken to minimize exposure potential,

the resource family parent or applicant shall follow the

recommendation of that Department for enclosure, removal, or

other appropriate action to remove the threat or risk of asbestos

contamination.

10. The resource family parent or applicant shall not

use lead paint on and shall remove lead paint from any interior or

exterior surfaces of the home, and from any furniture, toys, or

other equipment used therein, in accordance with the provisions

of N.J.S.A. 24:14A-1 et seq., and with the provisions N.J.A.C.

8:51-7. If the Department determines that lead paint is hazardous

to the health, safety, and well-being of a child in placement, the

resource family parent or applicant shall ensure the removal of

the lead paint hazard.

(c) The home, land, and outdoor area shall be free from

hazards to the health, safety, or welfare of children. Each

requirement in this subsection is a level I requirement.

1. Light switches, electrical junction boxes, fuse

boxes, electrical control panels and electrical sockets shall have


41

protective plate covers.

2. During activities in the home, sufficient natural or

artificial light shall be provided in all rooms used by a child in

placement.

3. Heating and ventilation requirements are as

follows:

i. A minimum temperature of 65 degrees

Fahrenheit (18.5 degrees Celsius) shall be maintained in all rooms

used by a child in placement.

ii. Working fireplaces and electric space heaters

shall be protected by screens, guards, insulation, or any other

non-combustible protective device.

iii. Steam and hot water pipes and radiators

shall be protected by screens, guards, insulation, or any other

suitable non-combustible protective device.

iv. Crawl spaces, attic spaces, and all doors and

windows used for natural ventilation shall have insect screening.

4. When a wood burning stove is in use, the resource


42

family parent shall ensure that either:

i. The stove is protected by screen or guard;

or

ii. Age -appropriate supervision is provided

at all times when children are present.

5. Kitchen and bathroom requirements are as

follows:

i. Kitchen and cooking equipment shall be kept

clean and sanitary.

ii. Toilets, wash basins, bathtubs, showers,

kitchen sinks and other plumbing shall be maintained in good

operating and sanitary condition.

iii. A sufficient supply of hot water that is

maintained at a safe temperature in the professional judgment of

the Office of Licensing staff and of cold running water shall be in

the home.

6. Outdoor maintenance requirements are as follows:


43

i. All fencing shall be maintained in proper

condition.

ii. The land, including the outdoor play area, if

any, shall be free of standing water.

(d) Paint on the interior and exterior surfaces accessible to

children shall be free of flaking, peeling and chipping. This is a level

II requirement.

(e) The resource family parent or applicant shall ensure that all

necessary steps are taken to correct any condition in the indoor or

outdoor area that may endanger in any way the health, safety, and

well-being of a child in placement.

(f) If the home has a swimming pool or a natural bathing

area, the resource family parent or applicant shall:

1. Maintain a ring buoy with a rope, extension pole

or other device that can be used to rescue a swimmer in distress;

2. Meet all applicable local ordinances that apply to a

swimming pool or natural bathing area; and

3. Enclose a swimming pool or natural bathing area

with a barrier approved by the Office of Licensing and equip the

3A:51-4.2 Bedroom requirements

44

barrier with a safety device; and

4. Have a working pump and filtering system for

each pool, if that pool cannot be emptied after each use.

(g) The resource family parent shall ensure that an adult

approved by the resource family parent or applicant supervises

all children while they are in the pool, pool area, natural bathing

area, hot tub, or spa.

(h) Each resource family parent shall use a safety cover

that is locked when not in use, if the home has a hot tub or spa.

3A:51-4.2 Bedroom requirements

(a) Level I bedroom requirements are as follows:

1. Each bedroom occupied by anyone in the resource

family shall have two independent means of exit, at least one of

which is an operable window or door suitable for emergency

escape or rescue leading directly outside, or the current

certificate of occupancy identifies the room as a bedroom, which

means that adequate egress has been verified.

2. Each child in placement shall be provided with his

or her own age-appropriate bed, bassinet, or crib, that is located

3A:51-4.3 Sharing a bedroom

45

in a bedroom and kept in a sanitary and safe condition. A child in

placement shall not share a bed with either another child or an

adult.

3. An unfinished attic or unfinished basement shall

not be used for sleeping purposes by any child in the resource

family.

4. Each bedroom occupied by a child in placement

shall have natural light and ventilation provided by one or more

windows opening directly to the exterior.

5. Each child in placement shall sleep in a bedroom

that is sufficient in size to provide for the safety, privacy, and

comfort of the child.

3A:51-4.3 Sharing a bedroom

A child in placement shall not share a bedroom with any child of

the opposite sex unless consideration of the child in placement’s age

and sexual identity indicate that this is in the child’s best interest.

3A:51-4.4 Emergency evacuation, medical emergencies,

and fire prevention

(a) Level I emergency evacuation, medical emergency, and

fire safety requirements are as follows:

3A:51-4.4 Emergency evacuation, medical emergencies, and fire prevention

46

1. A battery-operated or hard-wired smoke detector

shall be:

i. Installed on each floor of the home;

ii. Installed adjacent to each sleeping area; and

iii. Operable at all times.

2. All combustible or flammable materials shall be

kept at least three feet away from furnaces, boilers, heaters,

fireplaces, wood-burning stoves, and hot water heaters.

3. Each child in placement shall receive age-

appropriate instruction in how to evacuate the home safely in the

event of fire or other emergency.

4. No portable liquid-fuel-burning heating appliance

shall be used in the home.

5. The resource family parent shall maintain the

following information near the telephone or other accessible area

for use in the event of an emergency:

i. The name, address and telephone number

of the physician(s) or hospital used by the child in placement;

3A:51-4.5 Capacity

47

ii. The 911 emergency services telephone

number; and

iii. The poison control center telephone

number.

6. The resource family parent shall maintain a basic

first aid kit or first aid supplies in the home.

7. In order to receive an initial or renewal license, the

resource family parent or applicant shall ensure that a carbon

monoxide detector is in operation adjacent to each bedroom area

and on each floor of the home.

8. The resource family home shall contain at least

one fully-charged fire extinguisher, that is rated 1A, 10BC, or

ABC and is readily accessible.

3A:51-4.5 Capacity

(a) Level I capacity requirements are as follows:

1. For children placed on or after February 6, 2006,

the resource family parent shall comply with the following

capacity limits on the number of children residing in the home:

3A:51-4.5 Capacity

48

i. No more than four children in placement;

ii. No more than six children in total, including

children in placement and all other children residing in the home;

iii. No more than four children in total below

six years of age, including children in placement and all other

children residing in the home;

iv. No more than two children in total below

two years of age, including children in placement and all other

children residing in the home; and

v. No more than two non-ambulatory children

in total, including children in placement and all other children

residing in the home.

2. The resource family parent shall comply with the

capacity limits determined by the Department for the specific

home.

(b) The Office of Licensing may license a resource family

home for more than the capacity limits specified in (a)1 above if

necessary to keep sibling groups intact or to serve the best

interests of the children who are or may be placed in the home.

3A:51-4.5 Capacity

49

(c) The Office of Licensing may license a resource family

home for less than the capacity limits specified in (a)1 above, may

reduce a home’s licensed capacity after the license has been

issued, and may restrict a home to serve only a specific child or

children, if necessary to serve the best interests of the children

who are or may be placed in the home.

3A:51-5.1 General personal requirements

50

SUBCHAPTER 5. PERSONAL REQUIREMENTS


(a) Level I general personal requirements are as follows:

1. The resource family parent or resource family

applicant shall be of good character, as evidenced by the

application and home study process as specified in N.J.A.C.

3A:51-2.1, and shall possess skills, attributes, and characteristics

conducive to and suitable for being a resource family parent and

caring effectively for a child in placement.


parent applicant shall be in sufficient physical, mental, and

emotional health to perform his or her duties satisfactorily.

i. The resource family parent or resource

family parent applicant shall be free of serious contagious

diseases that may put a child in placement at risk.

ii. The resource family parent or resource

family parent applicant shall refrain from abuse of drugs or

alcohol.

iii. Each resource family parent or resource


51

family parent applicant shall disclose his or her current mental

health and substance use issues and shall participate in

recommended psychological evaluations and drug screenings

when determined to be necessary by the Department.

iv. Each resource family parent or resource

family parent applicant shall disclose his or her physical health,

mental health, and substance use history.


parent applicant shall demonstrate reasonable and mature

attitudes towards professional figures and institutions, as

determined by a review of references and an assessment of the

resource family parent’s interactions during training and home

visits by the Department representative.

i. The resource family parent or resource

family parent applicant shall cooperate with all activities in the

case plan for the child in placement, such as counseling, therapy,

court sessions, visits with the child’s family or life skills programs

to develop the basic skills needed to succeed in daily living, career

planning, housing, and money management, when appropriate.

ii. The resource family parent or resource

family parent applicant and each household member shall


52

cooperate in all licensing activities as requested by the

Department.

4. At least one resource family parent shall be able to

communicate with each child in placement in a language that the

child understands.

5. At least one resource family parent or applicant

shall be able to communicate in English.

6. At least one resource family parent or applicant

shall be functionally literate.

7. The resource family parent shall have sufficient

income or other means of financial support prior to the placement

of a child, so that the resource family parent is economically

independent of board subsidy payments from the Department.

i. The resource family parent shall provide the

necessities of life for his or her family.

ii. The resource family parent shall use all

money received in the name of a child in placement for that

child’s care.

3A:51-5.2 References

53

8. The resource family parent shall be able to provide

daily care and supervision for each child in placement, as

appropriate to the child’s age and needs.

9. The resource family parent shall be able to provide

sufficient time and attention to each child in placement without

causing other family members’ needs to go unmet or

overburdening the resource family parent.


(a) The resource family parent applicant shall submit contact

information for the applicable references specified below in order to

receive an initial license:

1. A medical reference, which includes a

recommendation from a physician, for each applicant and household

member;

2. Three personal references for the applicant(s);

3. An employment reference for each employed

applicant;

4. A school or day care reference for each child in the

resource family who attends school or day care; and


54

5. A child care reference for each applicant who has

served as a child care provider or as a caregiver for a child placed by

another agency.

(b) The medical reference shall meet the following

requirements:

1. For each applicant and household member, the

applicant shall submit a medical reference from a physician based on

the physician’s examination of the individual within 12 months prior

to the date of completion of the medical reference for initial licensure

or within 12 months of the date of completion of the medical

reference for renewal licensure.

2. The medical reference source shall provide

information needed to assist the Department in evaluating the

physical and emotional health of the individual. Information in the

medical reference shall include, but is not limited to:

i. Whether the individual is free from serious

contagious disease;

ii. Whether the individual has any conditions or

residual effects resulting from a particular disease;


55

iii. Whether the individual is in good physical

health;

iv. An immunization history if the individual is

below 18 years of age;

v. Whether, to the physician’s knowledge, the

individual is in good emotional health;

vi. Whether, to the physician’s knowledge, the

individual uses any substance, such as tobacco, alcohol, or drugs, in a

way that affects his or her ability to function;

vii. Whether the individual should not care for or

associate with a child in placement;

viii. How long the individual has been a patient of

the physician; and

ix. The date of the last physical examination of

the individual.

(c) Each personal reference shall meet the following

requirements:


56

1. All personal reference sources shall be unrelated to

the individual who is the subject of the reference and shall possess

knowledge that would allow them to attest to the individual’s

suitability to care for children.

2. At least one personal reference source shall have

known the individual for five years or more.

3. At least one personal reference source shall have

been, within the last six months, a neighbor of the individual, or a

member of the community in which the individual has lived.

4. Applicants from the same household may obtain the

same personal reference from outside the household, provided that the

source has knowledge of each applicant.

5. The personal references shall provide information

needed to assist the Department in evaluating:

i. The personal characteristics of each applicant;

ii. The applicant’s experience with children and

ability to provide love and security to a child;

iii. That the applicant does not engage in activities


57

that may be incompatible with responsible parenting;

iv. The applicant’s problem behaviors, such as

excessive use of alcohol, poor work history, child abuse, drug abuse,

violent behavior, poor money management, compulsive gambling,

deviant sexual behavior, mental illness, and criminal activities, if any;

v. The extent to which applicants in a marriage,

civil union, or domestic partnership are a compatible couple with a

strong, loving, and stable relationship;

vi. The extent to which the personal reference

source would feel comfortable allowing the applicant to care for the

source’s child permanently; and

vii. The reliability of observations of the home

made by the Department representative and reports given by the

resource family.

(d) The employment reference shall meet the following

requirements:

1. The employment reference source shall be the

applicant’s employer. If the applicant states that a current job

reference will jeopardize the applicant’s employment status, the

applicant shall provide a reference from a previous employer.

3A:51-5.3 Home Study

58

2. If a current or previous employer is not available, the

applicant shall provide a reference from an appropriate alternative

such as a recent former teacher or the applicant’s supervisor in a

volunteer activity.

3. The employment reference source shall provide

information needed to assist the Department in evaluating the stability

and reliability of the applicant.

(e) The school or day care reference source shall provide

information needed to assist the Department in evaluating the

adjustment of the applicant’s child in school or day care and the role

taken by the applicant in the child’s education or care.

(f) The child care reference shall provide information needed

to assist the Department in evaluating the quality of care given by the

applicant as a child care provider or as a caregiver for a child placed

in the home by another agency.

(g) For each new household member, the resource family

parent or applicant shall submit the applicable references as specified

in (a) through (f) above.

3A:51-5.3 Home study

3A:51-5.4 Criminal History Record Information background checks

59

(a) The applicant shall permit and participate in a home study

by the Department. The completed home study shall include:

1. Identifying information on each applicant and household

member, including:

i. Current address and all previous addresses

within the past five years, if applicable;

ii. A visa or United States Citizenship and

Immigration Service documentation as evidence of legal residency, if

the resource family parent or applicant is not a citizen of the United

States;

2. A description of each room and indoor area in the

home and the area outside the home;

3. Information about all persons residing in the home;

and

4. A statement of income and financial resources.

3A:51-5.4 Criminal History Record Information background

checks

(a) Level I Criminal History Record Information

requirements are as follows:


60

1. As a condition of securing a license, the

resource family parent or applicant shall ensure that a State and

Federal Criminal History Record Information (CHRI)

background check, in keeping with the New Jersey Adoption and

Safe Families Act, P.L. 1999, c. 53, N.J.S.A. 30:4C-26.8, and

current within one year, is completed for each resource family

parent or applicant and each household member at least 18 years

of age.

2. Each new household member at least 18 years

of age, and each household member who reaches 18 years of age

shall complete a State and Federal CHRI background check.

3. Each resource family parent or adult household

member who is not registered in the flagged State criminal

history record information background check pursuant to

N.J.S.A. 30:4C-27.8b shall complete a State CHRI background

check prior to license renewal.

4. A criminal history record name-based check

can replace the CHRI background check in individual cases

where fingerprints cannot be taken because of a physical

disability which prevents fingerprinting or because the person

has either no fingerprints or no fingers.


61

5. If the resource family parent or applicant or

any person specified in (a)1 above refuses to consent to a CHRI

fingerprint background check, the Office of Licensing shall deny

the application or suspend, revoke, or refuse to renew the license,

as applicable.

6. If any person specified in (a)1 above has a

record of criminal conviction, the Department shall review the

record with respect to the type and date of the criminal offense

and make a determination as to the suitability of the resource

family parent or applicant to receive or maintain a license.

7. A person shall be disqualified from receiving or

maintaining an initial or renewal license as a resource family

parent if that person or any person specified in (a)1 above ever

committed a crime which resulted in a conviction for:

i. A crime against a child, including

endangering the welfare of a child and child pornography

pursuant to N.J.S.A. 2C:24-4; or child abuse, neglect, or

abandonment pursuant to N.J.S.A. 9:6-3;

ii. Murder pursuant to N.J.S.A. 2C:11-3 or

manslaughter pursuant to N.J.S.A. 2C:11-4;


62

iii. Aggravated assault which would

constitute a crime of the second or third degree pursuant to

subsection b. of N.J.S.A. 2C:12-1;

iv. Stalking pursuant to P.L. 1992, c. 209

(N.J.S.A. 2C:12-10);

v. Kidnapping and related offenses

including criminal restraint; false imprisonment; interference

with custody; criminal coercion; or enticing a child into a motor

vehicle, structure, or isolated area pursuant to N.J.S.A. 2C:13-1

through 6;

vi. Sexual assault, criminal sexual contact or

lewdness pursuant to N.J.S.A. 2C:14-2 through 4;

vii. Robbery which would constitute a crime

of the first degree pursuant to N.J.S.A. 2C:15-1;

viii. Burglary which would constitute a crime

of the second degree pursuant to N.J.S.A. 2C:18-2;

ix. Domestic violence pursuant to P.L. 1991,

c. 261 (N.J.S.A. 2C:25-17 et seq.);


63

x. Endangering the welfare of an

incompetent person pursuant to N.J.S.A. 2C:24-7 or endangering

the welfare of an elderly or disabled person pursuant to N.J.S.A.

2C:24-8;

xi. Terrorist threats pursuant to N.J.S.A.

2C:12-3;

xii. Arson, pursuant to N.J.S.A. 2C:17-1, or

causing or risking widespread injury or damage that would

constitute a crime of the second degree pursuant to N.J.S.A.

2C:17-2; or

xiii. An attempt or conspiracy to commit an

offense listed in (a)7i through xii above.

8. A person shall be disqualified from receiving or

maintaining an initial or renewal license as a resource family

parent if that person or any person specified in (a)1 above was

convicted of one of the following crimes and the date of release

from confinement occurred during the preceding five years:

i. Simple assault pursuant to subsection a.

of N.J.S.A. 2C:12-1;


64

ii. Aggravated assault which would

constitute a crime of the fourth degree pursuant to subsection b.

of N.J.S.A. 2C:12-1;

iii. A drug-related crime pursuant to P.L.

1987, c. 106 (N.J.S.A. 2C:35-1 et seq.);

iv. Robbery which would constitute a crime

of the second degree pursuant to N.J.S.A. 2C:15-1;

v. Burglary which would constitute a crime

of the third degree pursuant to N.J.S.A. 2C:18-2; or

vi. An attempt or conspiracy to commit an

offense listed in (a)8i through v above.

9. The term “date of release from confinement” in

(a)8 above means the date of termination of court-ordered

supervision through probation, parole, or residence in a

correctional facility, whichever date occurs last.

10. A conviction for one of the offenses enumerated

in (a)7 or 8 above shall be determined to have occurred if the

person has been convicted under the laws of this State or any

other state or jurisdiction for an offense that is

3A:51-5.5 Child Abuse Record Information background checks

65

substantially equivalent to the offenses enumerated in this

subsection.

11. If the Department is notified that any person

specified in (a)1 above is convicted of a crime or offense after the

CHRI has been completed, the Department shall make a

determination whether to deny, suspend, revoke, or refuse to

renew the resource family parent’s license.

(b) The Department may obtain a criminal history check

from the local police department for any resource family parent,

applicant, temporary caregiver, or household member at least 18 years

of age. The applicant or resource family parent shall submit

Department-specified release of information forms for a local

criminal history check for such an individual when requested by the

Department.


(a) Level I Child Abuse Record Information requirements

are as follows:

1. As a condition of securing and maintaining a

license, the resource family parent or applicant shall provide

written consent to the Division for a Child Abuse Record


66

Information (CARI) background check from each resource

family parent or applicant, each household member at least 18

years of age, each new household member at least 18 years of age,

and each household member who reaches 18 years of age.

2. If any person specified in (a)1 above refuses to

consent to a CARI background check, the Office of Licensing

shall deny the application or suspend, revoke, or refuse to renew

the license, as applicable. The resource family parent or

applicant may appeal the denial, suspension, revocation, or

refusal to renew, as specified in N.J.A.C. 3A:51-2.6.

3. Upon receipt of written consent from a person

specified in (a)1 above, the Division shall conduct a search of its

records to determine if an incident of child abuse or neglect has

been substantiated, pursuant to section 4 of P.L. 1971, c. 437

(N.J.S.A. 9:6-8.11), against the person. The Department shall

consider incidents of child abuse or neglect that were

substantiated on or after June 29, 1995, to ensure that the

perpetrator has had an opportunity to appeal a substantiated

finding. The Department may consider substantiated incidents

prior to that date if the Department, in its judgment, determines

that the perpetrator poses a risk of harm to a child in a resource

family home. In cases involving incidents substantiated prior to

June 29, 1995, the Department shall offer the perpetrator an

opportunity for a hearing to contest the substantiation, in


67

accordance with N.J.A.C. 3A:5.

4. The Division shall request information from

another state’s child abuse and neglect registry when any

resource family parent or applicant or household member is at

least 18 years of age and has resided in any state other than New

Jersey during the past five years.

(b) If the Department determines that an incident of child

abuse or neglect by any person specified in (a)1 above has been

substantiated, the Office of Licensing shall deny the application or

suspend, revoke, or refuse to renew the license, as applicable; except

that the Office may issue a license if all of the following conditions

have been met:

1. No person specified in (a) above has been

substantiated for an incident of sexual abuse of a child or an incident

of child abuse or neglect that caused serious injury or harm to a child,

or has caused death to a child through abuse or neglect, or has put a

child at risk of serious injury or harm;

2. A child in placement is already living in the home, or

a child is recommended for placement in the home;

3. The Division has determined that there is no danger to

3A:51-5.6 Training

68

the child if he or she remains or is placed in the home;

4. The Division has determined that it is in the child’s

best interest to remain or to be placed in the home; and

5. The Office of Licensing has given approval for the

resource family home to be open for all children already in placement

or recommended for placement in the home.

3A:51-5.6 Training

(a) A level I training requirement is as follows:

1. Prior to the issuance of a license, each applicant

shall complete pre-service training, provided or approved by the

Department, which will adequately prepare the applicant with the

appropriate knowledge and skills to provide for the needs of the

children who are or may be placed in the home, including those

related to the reasonable and prudent parent standard.

2. The pre-service training shall include, but is not

limited to:

3A:51-5.6 Training

69

i. Legal rights, roles, responsibilities, and

expectations of resource family parents;

ii. The structure, purpose, policies, and services of

the Department;

iii. The laws and rules governing the Department;

iii. The impact of childhood trauma;

v. Managing child behaviors;

vi. Training in first aid and cardiopulmonary

resuscitation for the ages of children in placement; and

vii. The importance of maintaining the parent-

child connections and visitation.

(b) Each resource family parent shall complete annual in-

service training, provided or approved by the Department, which will

provide the resource family parent with the appropriate knowledge

and skills to continue to provide for the needs of the children placed

in the home, including those related to the reasonable and prudent

parent standard.

3A:51-6.1 Supervision of children in placement

70

SUBCHAPTER 6. RESOURCE FAMILY HOME PROGRAM

REQUIREMENTS

3A:51-6.1 Supervision of children in placement

(a) Level I supervision requirements are as follows:

1. The resource family parent shall ensure the

supervision of each child in placement, as appropriate to the

child’s age and particular needs, pursuant to the reasonable and

prudent parent standard.

2. The resource family parent shall be reachable by

telephone in the event of an emergency or illness when the child

in placement or resource family parent is not in the home.

3. When temporary care is provided for a child in

placement on behalf of the resource family parent for more than

three consecutive days, either in the resource family home or in

the temporary caregiver’s home:

i. The resource family parent shall inform the

Department office of the temporary care arrangements;

ii. The temporary caregiver shall complete a

3A:51-6.2 Visitation and communication

71

Child Abuse Record Information background check, as specified

in N.J.A.C. 3A:51-5.5, and a check of court records;

iii. The temporary care arrangements shall be

approved by the Department office having supervision of the

child; and

iv. The temporary caregiver shall be

trustworthy and well known to the resource family parent.

4. When a child in placement attends a child care

center or family child care home, the program shall be either

licensed, as specified in N.J.A.C.3A:52, or registered, as specified

in N.J.A.C. 3A:54 and 16, as applicable.

5. The resource family parent shall not use cameras

installed in the home as a means of supervision unless determined

by the treating physician to be medically necessary.


(a) The Department office having supervision of the child in

placement, in consultation with the resource family parent, shall

determine the family members and friends with whom the child may

communicate and visit.


72

(b) Level I visitation and communication requirements are

as follows:

1. The resource family parent shall comply with the

visitation restrictions specified by the Department for each child

in placement.

2. The resource family parent shall provide each

child in placement with access to a telephone for telephone

conversations with the child’s worker and law guardian or law

guardian investigator, as applicable.

i. The resource family parent shall not obligate

the child in placement to pay for the cost of telephone calls to and

from the worker or law guardian.

ii. The resource family parent shall provide

each child in placement with adequate privacy for telephone calls

to and from the worker and law guardian, but the resource family

parent may locate the telephone in an area where the resource

family parent can observe the child’s reactions.


child in placement with reasonable access to the telephone and

other means of communication for communication with the


73

child’s parents.

i. The resource family parent may impose

restrictions on these conversations and communications if

necessary to comply with a court order or child’s case plan that

limits the child’s contact with his or her parents.

ii. When the resource family parent imposes

restrictions on a child’s access to telephone conversations or other

means of communication, as specified in (b)3i above, the resource

family parent shall explain the nature of the restrictions to the

child.

4. The resource family parent shall prohibit the use

of tapes or any other mechanical or electronic listening devices to

monitor the telephone calls of a child in placement.


child in placement with adequate amounts of stamps and writing

materials for corresponding with family, friends and other

persons who have a positive relationship with the child.

6. If a visitor appears to be under the influence of

drugs or alcohol, the resource family parent shall prohibit the

individual from transporting the child in placement.


74

(c) The resource family parent shall provide each child in

placement with reasonable access to the telephone or other means of

communication to communicate with friends. The resource family

parent may impose one or more of the following conditions:

1. Restricting the time and duration of telephone calls or

other communications;

2. Denying the child in placement the use of the

telephone or other means of communication for discipline reasons;

and

3. Requesting the child in placement to identify

telephone callers and those individuals with whom the child in

placement communicates.

(d) If a visitor appears to be under the influence of drugs or

alcohol, the resource family parent:

1. May restrict the individual from visiting; and

2. Shall immediately contact the Division or the State

Central Registry when the Division’s local office is closed.

(e) The resource family parent shall request that the child in

3A:51-6.3 Education

75

placement open parcels or letters in the presence of the resource

family parent upon suspicion that the contents contain contraband. If

the child refuses to comply with this request, the resource family

parent shall inform the child’s worker.

(f) The resource family parent shall permit a child in

placement to visit his or her Division worker and law guardian or law

guardian investigator, as applicable, upon request.

3A:51-6.3 Education

(a) The resource family parent shall cooperate with the

Department to ensure that each school-age child in placement

receives an educational program pursuant to N.J.S.A. 30:4C-26(c)

and N.J.S.A. 18A:7B-12(a).

1. The resource family parent shall register each school-

age child in placement in school.


school-age child in placement attends school regularly according to

applicable State and local school attendance requirements.

3. Home schooling in lieu of school attendance for a

child in placement shall be prohibited.

3A:51-6.3 Education

76

(b) The resource family parent shall encourage good study

habits, be involved with the academic progress of each child in

placement, attend school conferences, and meet with school personnel

when there are problems or periodic reviews.

1. The resource family parent shall review and sign

report cards and other reports that pertain to the child’s education.

2. The resource family parent shall inform the Division

worker about the academic progress of each child in placement.

(c) The resource family parent shall ensure that each

preschool-age child in placement is provided age-appropriate

activities and an environment suitable to stimulate the child’s proper

development.

(d) The resource family parent shall ensure that each child in

placement who is three or four years old, or five years old and not

enrolled in kindergarten, attends an early childhood education

program. The early childhood education program shall be:

1. Provided by a licensed child care center, a registered

family child care provider in accordance with N.J.A.C. 3A:16 and

3A:54, or a public or private school, or provided or approved by the

Department of Children and Families, the Department of Education,

3A:51-6.4 Recreation

77

or the Department of Health; and

2. Approved by the worker as meeting the child’s

educational needs.

(e) The resource family parent shall ensure the opportunity for

the continuity of the cultural and ethnic growth and education of each

child placed in the home.

3A:51-6.4 Recreation

The resource family parent shall determine the recreational

activities the child may engage in, based on the reasonable and

prudent parent standard.

3A:51-6.5 Religion

(a) The resource family parent shall ensure that the child in

placement is afforded the opportunity to attend religious activities

and services in the community in accordance with the faith of the

child’s parent.

(b) The resource family parent shall provide or arrange

transportation if the child in placement wishes to attend religious

activities or services.

3A:51-6.5 Religion

78

(c) The resource family parent shall not coerce or require a

child in placement to participate in religious activities, nor punish a

child in placement who chooses not to participate in religious

activities.

(d) The resource family parent’s religious practices shall not

interfere with a child in placement receiving medical care.

(e) The resource family parent may include the child in

placement in the resource family parent’s religious activities or

services if the child expresses such interest and the child’s parent

consents.

3A:51-6.6 Food and nutrition

(a) Level I food and nutrition requirements are as

follows:

1. The resource family parent shall ensure that

each child in placement is provided with at least three nutritious

meals daily.

2. The resource family parent shall make daily

snacks available if the child in placement desires them, unless

there is a medical reason not to provide them.

3A:51-6.6 Food and nutrition

79

3. The resource family parent shall select, store,

prepare, and serve food in a sanitary and palatable manner.

4. The resource family parent shall not force-feed

or otherwise coerce the child in placement to eat, except by order

of a physician.

5. The resource family parent shall provide meals

as prescribed by a physician for each child in placement who

requires a specialized diet.


the daily diet for each child in placement includes a balance of

foods from all essential food groups.


each meal contains a sufficient amount of food for each child in

placement.

8. The resource family parent shall make

available, as necessary, an alternate choice of food for each child

in placement on a special diet or who, because of religious beliefs,

cannot eat certain foods.

9. If the child in placement is an infant, the

resource family parent shall consult with the infant’s health care

3A:51-6.7 Pets

80

provider and follow recommendations in regard to the feeding

schedule, special formula, nutritional needs, and introduction of

new foods.

3A:51-6.7 Pets

(a) The resource family parent shall ensure that pets kept in

the home pose no danger to the health, safety, or well-being of a child

in placement.

(b) The resource family parent shall ensure that all pets kept

in the home are:

1. Domesticated and non-aggressive;

2. Vaccinated, if applicable, as prescribed by law or

as recommended by a licensed veterinarian. The record of the

vaccinations shall be maintained in the home, along with the name

and address of the licensed veterinarian providing care for the pet;

3. If sick, removed from the areas occupied by the

child in placement, until the pet has been examined by a licensed

veterinarian who verifies that the pet does not present a risk to the

child; and

4. Effectively controlled by leash, command, or cage.

3A:51-6.8 Discipline and control

81

(c) The resource family parent shall ensure that animal

waste is disposed of in a sanitary manner.

(d) If the child in placement is a pregnant adolescent, the

resource family parent shall prohibit the child from cleaning a cat’s

litter box.


(a) Level I discipline and control requirements are as

follows:

1. The resource family parent shall not assign the

responsibility for the discipline and control of a child in

placement to another child, or to an adult who is not a resource

family parent, unless the adult is providing temporary care on

behalf of the resource family parent, as specified in N.J.A.C.

3A:51-6.1.

2. The resource family parent shall not threaten

discipline or administer discipline to a child in placement for the

misbehavior of another child.

3. The resource family parent shall not use the

following types of punishment on a child in placement:


82

i. Any type of physical hitting, shaking or

the use of corporal punishment;

ii. Forced physical exercise or forcing the

child to take an uncomfortable position;

iii. Subjection to verbal abuse, ridicule,

humiliation, or other forms of degradation;

iv. Deprivation of meals, sleep, clothing, or

communication;

v. Mechanical or chemical restraint;

vi. Assignment of overly strenuous work;

vii. Exclusion from medical treatment,

education, or clinical treatment;

viii. Locking the child out of the home;

ix. Locking the child in a room or area of the

home;

x. Withholding or threatening to withhold


83

visits with the child’s birth family; or

xi. Removing or threatening to remove the

child from the home.

4. The resource family parent shall not use

restrictive behavior management practices to control or modify

the behavior of a child in placement.

5. The resource family parent shall use acceptable

methods of discipline and control for the child in placement, such

as:

i. Brief time-out;

ii. Withholding of privileges, such as

television, play time, or other activity;

iii. Early bedtimes;

iv. Writing a story or an essay;

v. Having the child do extra chores that are

appropriate to the child’s age and ability; or

vi. Discussing the child’s behavior with the

child in a supportive manner.

3A:51-6.9 Firearms and weapons

84

3A:51-6.9 Firearms and weapons

(a) Level I firearms and weapons requirements are as

follows:

1. All firearms shall be secured in a locked steel

gun vault approved by the Office of Licensing.

2. All ammunition shall be secured in a locked

area separate from the firearm storage vault.

3. The resource family parent shall not maintain

chemical weapons such as mace or pepper spray in the home

unless these items are stored in a place inaccessible to children.

3A:51-6.10 Clothing

(a) Level I clothing requirements are as follows:


child in placement has adequate, clean clothing and a permanent

place to store it, in accordance with the reasonable and prudent

parent standard.

2. The resource family parent shall not require a

3A:51-6.10 Clothing

85

child in placement to wear any article of clothing that identifies

the child as a member of an organization unless the child chooses

to wear such clothing.

3A:51-7.1 Health care and medical treatment

86

SUBCHAPTER 7. HEALTH REQUIREMENTS


(a) Level I health care and medical treatment requirements

for children are as follows:

1. The resource family parent, in cooperation with

the Division worker, shall ensure that the medical, dental,

mental/behavioral health, and other health care needs of each

child in placement who is under age 18 or when the case plan

states that the resource family parent is responsible are

adequately and promptly met, including arranging for

emergency, routine, and follow-up medical, dental,

mental/behavioral health, and other health care.


child living in the home, including children in placement under

age 18 or when the case plan states that the resource family

parent is responsible and all other children in the resource family,

receives all age-appropriate immunizations as recommended by

the child’s physician, unless a physician or advanced practice

nurse documents that immunization would be detrimental to the

child’s health.


87

3. A child residing in the home who is not in

placement shall be exempted from immunization, if:

i. The parent objects thereto in a written

statement submitted to the Department, signed by the parent,

explaining how the immunization conflicts with the child’s

exercise of bona fide religious tenets or practices; or

ii. Immunization is contrary to the child’s

health as documented by a physician or advanced practice nurse.

(b) The resource family parent shall maintain documentation

of all medical, dental, and other health care examinations and

treatment for each child in placement who is under age 18 or when

the case plan states that the resource family parent is responsible.

The resource family parent shall contact the worker to obtain this

information if he or she does not have documentation of a child’s

examinations and treatment.

(c) The resource family parent shall ensure that all medical,

dental, psychological, and psychiatric treatment or medication

administered to a child in placement who is under age 18 is explained

to the child in an age-appropriate manner.

3A:51-7.2 General health practices

88

3A:51-7.2 General health practices

(a) Level I general health practices requirements are as

follows:

1. If a serious accident or illness occurs to a child in

placement, the resource family parent shall take necessary

emergency action and immediately notify the Department office

having supervision of the child, or the State Central Registry, if

after business hours.

2. If a child in placement, resource family parent, or

household member has a serious communicable disease, the

resource family parent shall:

i. Seek appropriate medical attention from a

physician for the individual and determine the possible risks to

others in the home;

ii. Isolate the individual posing a risk to others;

and

iii. Contact the Division worker or the State

Central Registry, if after office hours, who shall determine

whether the New Jersey State Department of Health, the local

3A:51-7.3 Prescription and non-prescription medication

89

health department, or other appropriate public health authority

needs to be contacted.

3. The resource family parent shall maintain a

smoke-free environment in all indoor areas of the home, in all

vehicles used to transport a child in placement, and in the

presence of each child in placement.

i. The resource family parent shall prohibit

smoking and the use of smokeless tobacco by children in

placement.

ii. The resource family parent shall comply

with the provisions of N.J.S.A. 2A:170-51.4 prohibiting any

person from directly or indirectly selling, giving, or furnishing to

a minor under 19 years of age any cigarettes made of tobacco, any

matter or substance that can be smoked, any cigarette paper or

tobacco in any form, including smokeless tobacco.

iii. The resource family parent may permit

smoking outdoors when no child in placement is present.


(a) Level I prescription and non-prescription medication



90

1. The resource family parent shall administer

prescription medication to a child in placement under age 18 or

when the case plan states that the resource family parent is

responsible only when a physician, clinical nurse specialist, nurse

practitioner, or dentist authorizes the medication.

2. The resource family parent shall administer non-

prescription over-the-counter medication only in accordance with

the recommended dosage for the age or weight of the child in

placement, as indicated on the label or as directed by the child’s

physician, clinical nurse specialist, nurse practitioner or dentist.

3. The resource family parent shall ensure that all

prescription and non-prescription medications are kept in an area

inaccessible to children.

4. The resource family parent shall allow each child

in placement 18 years and older to maintain and administer his or

her own medication:

i. Unless it is prohibited by the prescribing

physician or the case plan; and

ii. If the medication is securely stored.

3A:51-7.4 Psychotropic medication

91

(b) For each child in placement under age 18, the resource

family parent shall safely dispose of all expired medications and

prescriptions and all medications and prescriptions that are no

longer used.


(a) Level I psychotropic medication requirements are as

follows:

1. Before any psychotropic medication is

administered to a child in placement under age 18 or when the

case plan states that the resource family parent is responsible, the

resource family parent, in conjunction with the Division worker,

shall ensure that the child’s initial assessment to determine the

need for and the possible risks or side effects of psychotropic

medication is completed by a board-certified or board-eligible

physician in one of the following areas of expertise: psychiatry,

neurodevelopmental pediatrics, or pediatric neurology.

i. The resource family parent, in conjunction

with the Division worker, may utilize the services of the

physicians identified in (a)1 above, a pediatric or family

physician, or an advanced practice nurse certified in pediatric or


92

family medicine or psychiatric/mental health, to complete an

initial assessment, being conducted solely for the purpose of

assessing Attention Deficit Hyperactivity Disorder and to

determine the need for and the possible risks or side effects of the

psychotropic medication.

2. The resource family parent shall be knowledgeable

about the indications for the use of psychotropic medication, the

therapeutic benefits, and the side effects of such medication.

3. The resource family parent shall not administer

psychotropic medication as a punishment or for the convenience

of the resource family parent.


psychotropic medication is stored in an area inaccessible to

children.


child in placement who is under age 18 or whose case plan states

that the resource family parent shall maintain this responsibility

and who is prescribed psychotropic medication is monitored in

the following manner:

i. The resource family parent shall


93

immediately report any observed side effects, which are identified

in the assessment specified in (a)1 and (a)1i above, to the Division

worker and the prescriber.

ii. The resource family parent, in conjunction

with the Division worker, shall ensure that ongoing assessments,

psychotropic medication monitoring, and resultant prescriptions

for a child in placement who is under age 18 only be conducted by

a board-certified or board-eligible physician in one of the

following areas of expertise: psychiatry, neurodevelopmental

pediatrics, or pediatric neurology, or by an advanced practice

nurse certified in psychiatric/mental health.

iii. The resource family parent, in conjunction

with the Division worker, may utilize the services of the

physicians or advanced practice nurses certified in

psychiatric/mental health identified in (a)5ii above, or he or she

may utilize the services of a pediatric or family physician, or an

advanced practice nurse certified in pediatric or family medicine

to complete the ongoing assessments, medication monitoring, and

prescriptions, where ongoing assessments, medication

monitoring, and prescriptions are solely for the treatment of

Attention Deficit Hyperactivity Disorder.

iv. The resource family parent, in conjunction

with the Division worker, shall ensure that the prescriber

3A:51-7.5 Personal care and hygiene

94

reviews the child’s status, behavior, well-being, progress, side

effects, and reason for continuing the medication every 30 days or

as the prescriber deems necessary.

v. The resource family parent, in conjunction

with the Division worker, shall ensure that a pediatric or family

physician or advanced practice nurse certified in pediatric or

family medicine or psychiatric/mental health treating a child in

placement who is under age 18 for Attention Deficit Hyperactivity

Disorder coordinates care for each child in placement under age

18 who is also being treated for another psychiatric disorder by

another prescriber.

(b) When a child in placement who is under age 18 is

receiving psychotropic medication, the resource family parent shall

maintain a medication log indicating the child’s name, the type of

psychotropic medication, and the date and time the medication is

administered.

3A:51-7.5 Personal care and hygiene

(a) Level I personal care and hygiene requirements are as

follows:

1. The resource family parent shall provide the child

in placement appropriate hygiene supplies.

3A:51-7.6 Environmental sanitation and hygiene

95

2. For a child in placement unable to provide for his

or her own personal care and hygiene, the resource family parent

shall bathe and groom the child.


child in placement has the opportunity for at least eight hours of

uninterrupted sleep each night.

(b) The resource family parent shall instruct the child in

placement in age-appropriate personal care, hygiene, and grooming

habits.

(c) The resource family parent may permit a child in placement

to maintain cosmetics and personal hygiene supplies, as

developmentally appropriate.


(a) Level I environmental sanitation and hygiene



disposable gloves, which shall be discarded after each use, are

used when any person in the home has contact with blood, vomit,

urine, fecal matter, or other body secretions of any person


96

known to have an infectious disease.


items in the home and outdoors that come into contact with blood,

vomit, urine, fecal matter, or other body secretions are washed

and disinfected with a commercially prepared disinfectant whose

label indicates it kills bacteria, viruses, and parasites.

i. Disinfectant shall be used in accordance with

label instructions.

ii. Items to be washed and disinfected shall

include:

(1) Bedding and clothing;

(2) Furniture and carpeting;

(3) Toilet seats, sinks and faucets;

(4) Fever thermometers; and

(5) Mops, washcloths, towels, and

sponges that were used in the clean-up.



97

persons in the home thoroughly wash their hands with a

disinfectant soap after each incident of coming into contact with

blood, vomit, urine, fecal matter, or other body secretions.

3A:51-8.1 Transportation and vehicle safety requirements

98

SUBCHAPTER 8. TRANSPORTATION REQUIREMENTS

3A:51-8.1 Transportation and vehicle safety requirements

(a) Level I transportation and vehicle safety requirements

are as follows:

1. Each resource family parent shall provide or

arrange for the routine transportation needs of each child in

placement.

2. Each resource family parent or household

member, who provides transportation to a child in placement,

shall have:

i. A current driver’s license;

ii. Automobile insurance coverage; and

iii. A vehicle with ample space, seatbelts and

age-appropriate safety seats for each child placed with him or

her.

3. The resource family parent shall not knowingly

allow a child in placement to ride with a driver who does not have

a current driver’s license, automobile insurance, or a seat belt or

safety seat for the child in placement.

INDEX

addition of household member, 13,

21, 34, 58, 60, 65

address change, 19

administrative hearing, 25

adoption, 2

adoptive care, definition of, 2

advanced practice nurse, 86, 87, 91,

93, 94

aerosol can, 39

agreements, 13

alcoholic beverages, 39

appeal, 66

applicant

age of, 11

application process, 11

checks, 12, 65

Child Abuse Record

Information (CARI), 65

child abuse/neglect by, 21

complaint, 26

cooperation, 12

criminal convictions, 34, 61

Criminal History Record

Information (CHRI), 59

definition of, 7

denial, 24, 28, 66

disqualification, 24

home study process, 50

kinship care, 5, 14

medical reference, 53, 54

more than one in household, 11

pre-service training, 68

references, 53

requirements, 11

resident of another state in past

5 years, 66

application, 11, 50

denial, 24, 28, 66

form, 20

one year after prior

enforcement, 24

process of, 12

renewal, 20

asbestos, 39, 40

Attention Deficit Hyperactivity

Disorder, 91, 93, 94

attic, 41, 45

basement, 45

bathroom requirements, 42

bed for child in placement, 44

bedroom requirements, 44

behavior, 7, 56, 57, 69, 86, 93

unusual incidents, 35

behavior management, 83

best interests of child, 67

capacity limits, 47, 48

carbon monoxide detector, 47

carpeting, 96

child abuse hotline (State Central

Registry), 32, 33, 34, 74, 88

Child Abuse Record Information

(CARI)

applicant, adult household

members, 13, 65

check, 13, 65

consent to, 65

refusal to consent to, 65

temporary caregiver, 70

child abuse/neglect

conviction, 13

information about, 27

reporting, 32

substantiation, 28

child care, 54, 71, 76

child care reference, 54, 58

child illness, 31, 34, 35, 88

civil union, 2, 4, 5, 10, 57

clothing, 82, 84, 85, 96

communicable disease, 88

complaint, 26

confidentiality, 32

confirmed perpetrator,

23,27,28,66,67

consent for release of information,

13

contraband, 74

contract agency

application to, 11

assessment by, 51


caseworker,

8,30,31,72,75,76,86,87,88

communication with, 30

cooperation with, 86

definition of, 2, 4

determination of risk, 66

determination of visitation, 71

evaluation of references, 51, 56

home study by, 50

immunization exemption, 86,87

inspection by, 12

interview by, 17

nondiscrimination by, 10

notification of accident/illness,

18

notification of communicable

disease, 88

notification of complaint results,

26

notification of intoxicated

visitor, 74

notification of licensure, 17

notification of temporary care,

71

notification of waiver, 16

observation of home, 57

reporting to, 32

waiver request, 16

cooperation

with case plan, 51

with caseworker, 27

with complaint investigators, 27

with DCF, 39

with educational program, 75

with home study, 12

corporal punishment, 14, 18, 29, 82

definition of, 4

couples as resource family parents,

11

crawl space, 41

crib, 44

Criminal History Record Information

(CHRI)

applicant, adult household

member, 13

check, 13, 15, 21, 59

consent to, 61

flagging, 59

local police check, 65

name check, 60

refusal to consent to, 65

day care reference, 53, 58

denial, 24, 28

dental care, 14, 86, 87

Department of Children and Families

(DCF), 4

application to, 11

approval from, 2

assesment by, 51

child abuse/neglect hotline, 32,

33

child care licensing, 58

child in care of, 1, 3

communication with, 30

complaint investigation by, 26,

27

confidentiality of records, 32

consent for media appearance,

33

cooperation with, 12, 27

definition of, 4

demonstration of compliance to,

1

determination of capacity limits,

48

determination of lead paint

hazard, 40

determination of previous

enforcement, 24

determination of risk, 26, 27, 28

determination of substantiation,

28, 66

determination of visitation, 71

educational program, 75

evaluation of references, 51, 56,

58

home study by, 58

inspection of home, 12

local police check by, 65

nondiscrimination by, 10

notification of accident/illness,

88


26

notification of temporary care,

70

observation of home, 57

refusal to furnish records, 22

refusal to permit in home, 22

reporting to, 32

review of criminal record by, 61

subsidy payments, 52

training, 51

Department of Corrections, 2, 3

Department of Education, 2, 76

Department of Environmental

Protection, 40

Department of Health and Senior

Services, 2, 40, 76, 88

Department of Human Services, 3

discipline, 14, 81, 83

disinfectant, 96

disposable gloves, 95

Division of Child Permanancy and

Protection (DCP&P)


child abuse/neglect records, 15,

65, 66


definition of, 4

determination of risk, 66

home study by, 12

inspection by, 14, 12, 20

interview by, 12, 20

notification of communicable

disease, 88


27

notification of intoxicated

visitor, 74

notification of licensure, 17

placement for adoption, 2,4,5,7

waiver request, 17

domestic partnership, 2, 5, 10, 57

driver’s license, 97

drug abuse, 57

early childhood education, 76

electrical outlet, 38, 39

emergency exit, 44, 45

emergency phone numbers, 46

employment reference, 53, 57, 58

extension cord, 38

family child care home, 71, 76

family members and friends

of child in placement, 71

fencing, 42

fingerprints. See Criminal History

Record Information (CHRI)

fire

evacuation, 45

prevention, 45

firearms, 84

fireplace, 41, 46

first aid kit, 47

foster care (types of). See out of

home care

frequent visitor, 5

furnace, 46

grooming, 95

guns, 84

handwashing, 96

heater, 41, 46

heating, 41, 46

home schooling prohibited, 75

home study

application, 12

components, 12


household member

checks, 12, 60

Child Abuse Record




complaint, 26

cooperation, 27, 53

criminal convictions, 34



definition of, 4


Legal residency, 59


reaching 18 years of age, 63

reporting requirements, 33

resident of another state in past

5 years, 66

transporting child in placement,

77

hygiene, 100, 101

immunizations, 31, 57, 90, 91

infant

feeding schedule, 83

safety requirements, 39

insect infestation, 38

insect screening, 41

inspection

annual, 20

initial, 11

life/safety, 14

refusal, 22

reinspection, 9

renewal, 20

insurance

automobile, 104

child medical, 29

interview

annual, 20

initial, 12

kinship care, 14

definition of, 2, 5

kitchen requirements, 42

law guardian, 30, 76, 79

lead paint, 40

level I requirements, 9

abatement, 9

bedroom, 45

capacity, 49

Cameras, 37,71

CARI, 65

children's rights, 29

CHRI, 62

clothing, 88

communication, 30,52

definition of, 5

discipline, 85

environmental, 101

firearms and weapons, 88

Fire Extinguishers, 47

food and nutrition, 82

health care and medical, 90, 91

licensing process, 12

maintenance, 38

medications, 93

personal, 52

personal care, 100

physical facility, 37

prudent parenting,

6,14,18,68,69,70,77,84

psychotropic medications, 96

Radiators, 41

safety, 46

supervision, 74

training, 72

transportation, 104

visitation and communication,

76

level II requirements, 9

abatement, 9

definition of, 6

waivers/exceptions, 16

license

addition of household member,

13, 21, 34, 58, 60, 65


definition of, 6

denial, 4

expiration date, 19

issuance of, 19

not transferable, 18

on file, 19

previous denial, 24

refusal to renew, 6, 24

renewal of, 20

revocation of, 8, 28

suspension of, 8, 28

licensed capacity, 51

exceptions, 48, 49

restricted, 49

life skills, 53

light switches, 40

lighting, 41, 46

meals, 14, 82, 83, 86

Medicaid, 31

medical care, 82

health requirement and

treatment, 90

right of child in placement, 29


medication, 31

child in placement, 31

disposal of, 91

psychotropic. See psychotropic

medication

storage of, 90

medication administration, 87

medication log, 31, 94

move (notification of relocation), 36

new household member, 58, 60, 65

non-ambulatory children, 48

nondiscrimination, 10

Office of Licensing

action against license by, 24, 28

approval of gun vault by, 84

approval of swimming pool

barrier by, 43

approval of water temperature

by, 42

assessment of risk, 39

complaint investigation by, 26,

27

definition of, 6

demonstration of compliance to,

1

denial of license by, 4

determination of licensed

capacity by, 48

directive ordering compliance,

24

inspection by, 9, 12, 20, 21

interview by, 20

issuance of license by, 14, 19, 25,

28

notice of appeal rights, 25

notification of licensure by, 17

notification of moving, 36

permission to operate pending a

hearing, 24

refusal to renew license by, 7

renewal of license by, 9

reporting to, 33, 34

term of license, 19

violations cited by, 9

waiver by, 16, 17, 24

out of home care, types of, 2

outdoor maintenance, 42

paint, 40, 43

parent, definition of, 5

personal reference, 53, 55, 56, 57

pets, 80

plumbing, 38, 42

pool/natural bathing area, 43

preschool child in placement, 76

presumptive eligibility (approval

prior to licensure), 14

privacy, 45, 72

temporary caregiver, 8,70,71

psychotropic medication, 91-93

definition of, 6

medication log, 31, 94

records, 22, 30

confidentiality of, 32

recreation, 77

references, 13, 53

religion, 10, 30, 77

relocation, 36

renewal of license, 20

reporting, 33-36

resource family home, definition of,

7

resource family parent

action against license, 24

address change, 36


adoptive care, 2

checks, 59

Child Abuse Record




complaint, 26

cooperation, 86

couples who live together, 11

criminal convictions, 34



definition of, 7

denial, 24


kinship care, 2

license renewal requirements,

20

medical reference, 21

references, 51

reporting requirements, 33

training requirement, 69

transportation of child by, 77,

97

Resource Family Parent Agreement,

13

Resource Family Parent Licensing

Act, 32

restrictive behavior management

definition of, 7

prohibited, 83

rights of children in placement, 29

rodent infestation, 38

safety requirements, 45, 97

school attendance, 75

school reference, 13, 53, 58

sleep, 14, 45, 82, 95

smoke detector, 45

smoking, 89

soap, 96

stability, 34, 58

stairway gates, 39

standing water, 43

Structured Analysis Family

Evaluation (SAFE). See home

study

substantial compliance, 23

definition of, 8

failure to be in, 23

supervision, 42, 70

appropriate for age and needs,

42

swimming pool, 44

temporary care, 8, 71

wood-burning stove, 46

swimming pool, 43

telephone, 30, 35, 37, 46, 70, 72

temperature

rooms, 41

water, 42

temporary care, 70

temporary caregiver

checks, 65, 70

definition of, 8

selection of, 71

toilet, 38, 42, 96

towels, 96

toxic substances, 39

training, 12, 68

transportation

of child in placement, 97

Uniform Construction Code, 37

Uniform Fire Code, 37

unusual incident reporting, 35

US citizenship, 59

ventilation, 41, 45

veterinarian, 80

violations. See level I requirements,

See level II requirements

waiver, 16, 17, 24

water, 42

weapons, 84, 85

window, 41, 44, 45

wood-burning stove, 46

chapter 51 manual of requirements for resource family parents

Documents